Can A Conservator In South Carolina Sell A Protected Person’s Home?

In this article, you will discover:

• Whether a conservator has the authority to sell a protected person’s home
• What happens when a protected person or his family objects to the conservator’s intention to sell his home
• How courts determine fair market value for the sale of a protected person’s home

Does A Conservator Have The Authority To Sell A Protected Person’s Home?

A conservator does have the authority to sell a protected person’s home, but only if the court approves the sale. Specifically, the conservator would have to file a petition with the court seeking approval to sell the property and listing the property’s fair market value as well as the contract sale price.

What Happens If The Protected Person Or His Family Members Disagree With The Conservator’s Petition To Sell His Home?

The protected person, a family member or his representative would need to file in court and respond to the conservator’s petition, which asks for the sale. In his answer, he would state the reasons why he does not want the property sold and what he proposes to do instead. Based on the arguments presented, the judge would then make a final decision.

Can A Conservator Rent Out A Protected Person’s Property Instead Of Selling It?

A conservator can typically rent out a protected person’s property without difficulty if it can be shown that renting will maintain the property’s condition and generate income for the protected person’s welfare.

How Does The Court Ensure That The Protected Person’s Property Is Sold For Fair Value?

The conservator typically includes in the petition what he thinks is the fair market value. The court then retains the services of three real estate appraisers to provide their findings on the fair market value. Finally, the court will average those three appraisals to determine the true fair market value.

What Happens If The Conservator Misuses The Sale Proceeds?

If the conservator misuses the proceeds from the property sale, he will be dismissed and prosecuted, either civilly or criminally. In almost every case, he will be ordered to reimburse whatever he illegally took.

When Should An Attorney Be Involved In The Sale Process?

An attorney should be involved from the very beginning because his job is to represent the protected person’s interests and rights. He can best do that if he’s involved from the beginning and knows what’s going on.

Still Have Questions? Ready To Get Started?

For more information on a conservator’s right to sell a protected person’s property in South Carolina, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (864) 271-7940 today.